Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 52
Wednesday, November 22, 2006
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Campbell, Carney, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Campbell, Carney, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, *Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, *Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Report of the Public Service Integrity Officer for the fiscal year ending March 31, 2006.—Sessional Paper No. 1/39- 583.
Document entitled: Canada-First Nation Education Jurisdiction Agreement (Template).—Sessional Paper No. 1/39- 584.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Consideration of the Message from the House of Commons concerning Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability.
The Honourable Senator LeBreton, P.C., moved, seconded by the Honourable Senator Comeau:
That the Senate concur in the amendments made by the House of Commons to its amendments 29, 98 and 153 to Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability;
That the Senate do not insist on its amendments 2, 4 to 12, 14, 15, 18 to 20, 22 to 25, 28, 30, 31, 34 to 54, 55(a) to (d), 55(e)(ii) to (viii), 56 to 62, 65, 68, 69, 71, 80, 83, 85, 88 to 90, 92, 94, 96, 100 to 102, 107 to 110, 113, 115, 116, 118 to 121, 123, 128 to 134, 136 to 143, 145, 147 to 151, 154, 155 and 157 to which the House of Commons has disagreed; and
That a Message be sent to the House of Commons to acquaint that House accordingly.
After debate,
The Honourable Senator Hays moved, seconded by the Honourable Senator Day, that the motion, together with the message from the House of Commons on the same subject dated November 21, 2006, be referred to the Standing Senate Committee on Legal and Constitutional Affairs for consideration and report.
A point of order was raised as to whether the message was properly before the Senate.
Debate.
SPEAKER'S RULING
It is the ruling of the Chair that the message has been received and is properly before the Senate. Reasons are to be provided in rulings. My reasons are several, inter alia. I would begin with a principle, and I apologize to the reporters, but it is a very ancient principle:
Nihil est in intellectu quod non prius in sensu, which means nothing is in the intellect which is first not in the senses.
Senator Cools has drawn our attention to the importance that, as Senators, we must know what is before us. How do we get things before us? One way is through the oral tradition. We table many things in this place, so the written tradition is equally an important process used in Parliament.
Furthermore, Honourable Senators will recall that we often do second reading of a bill and we never ever read the bill from cover to cover, which, if an Honourable Senator rose and insisted upon, would have to be done. The situation is the same for third reading.
Those are but some of the reasons why the Chair finds that the message is properly before us. The Speaker did rise and did commence to read it. The House expressed its unanimous view that the 30 pages ought not to be physically read but that the message and its contents would be before the House in its fullness. Thus, part of it has been presented in the oral tradition and the rest was presented in the written format. These are my reasons and that is my ruling.
The Senate resumed debate on the motion of the Honourable Senator LeBreton, P.C., seconded by the Honourable Senator Comeau:
That the Senate concur in the amendments made by the House of Commons to its amendments 29, 98 and 153 to Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability;
That the Senate do not insist on its amendments 2, 4 to 12, 14, 15, 18 to 20, 22 to 25, 28, 30, 31, 34 to 54, 55(a) to (d), 55(e)(ii) to (viii), 56 to 62, 65, 68, 69, 71, 80, 83, 85, 88 to 90, 92, 94, 96, 100 to 102, 107 to 110, 113, 115, 116, 118 to 121, 123, 128 to 134, 136 to 143, 145, 147 to 151, 154, 155 and 157 to which the House of Commons has disagreed; and
That a Message be sent to the House of Commons to acquaint that House accordingly;
And on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Day, that the motion, together with the message from the House of Commons on the same subject dated November 21, 2006, be referred to the Standing Senate Committee on Legal and Constitutional Affairs for consideration and report.
Debate.
At 4 p.m., pursuant to the order adopted by the Senate on April 6, 2006, the Senate adjourned until 1:30 p.m. tomorrow.
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on National Finance
The names of the Honourable Senators Nancy Ruth and Stratton substituted for those of the Honourable Senators Nolin and Andreychuk (November 21).